MEXICO Law and Practice Contributed by: Ricardo García Giorgana, Carlos Chavez Alanis and Xavier Careaga Franco, Galicia Abogados
sports, contracts, IP and consumer protection may apply, there is no clear framework. In 2019, the National Commission of Physical Culture and Sports ( Comisión Nacional de Cultura Física y Deporte ; CONADE) recognised the Mexican Federation of eSports ( Federación Mexicana de Esports ; FEMES) as a national sports federation, legitimising esports as a sport. However, chal - lenges persist regarding the regulation of tour - naments, leagues, integrity, match-fixing and player contracts. 9.2 Regulatory Bodies Gaming in Mexico is not comprehensively regu - lated. SEGOB oversees games of chance and age ratings for video games, putting economic sanctions in place. Enforcement, however, is inconsistent, particularly for internet-based games and those purchased via digital platforms like Steam, Google Play Store or Apple Store. SEGOB primarily focuses on physical and online casinos, leaving general gaming outside its pur - view unless gambling becomes an issue. For example, if eSports betting involves games of chance, it could fall under the Federal Gam - ing and Sweepstakes Law, requiring SEGOB authorisation. This scrutiny would increase if minors participate, potentially drawing SEGOB’s attention. Despite ongoing discussions, no sig - nificant amendments have been implemented to address broader gaming regulation. 9.3 Intellectual Property In Mexico, software, including apps, video games and other virtual technologies, is pro - tected under copyright as a literary work under the Federal Author’s Rights Law ( Federal de Derechos de Autor ; LFDA). This protection cov - ers both source code and object code, granting creators exclusive rights to use, distribute and modify their software unless otherwise agreed.
However, software is explicitly excluded from patentability under the Industrial Property Act ( Ley Federal para la Protección de la Propiedad Industrial ; LFPPI). Game developers can protect IP through trade mark and copyright registration, though registration is not mandatory. Register - ing copyrighted works grants pre-emptive rights, shifting the burden of proof to the challenger. Developers must also secure authorisation for image rights, as the LFDA requires express con - sent for the use of a person’s likeness. Image rights last for 50 years after the person’s death. The LFDA also protects creators’ rights in virtual environments, covering digital works, software, non-fungible tokens (NFTs) and virtual assets that meet originality and fixation criteria. It grants economic rights (reproduction, distribution, adaptation) and moral rights (attribution, integ - rity). Creators should carefully navigate platform terms, licensing agreements and international protections to maintain control over their IP. Additional IP protections in Mexico include trade marks, domain names and reservations of rights, such as for fictional characters. These rights, akin to trade marks, last five years if renewed. Licensing agreements are critical for monetising trade marks, software and virtual goods. The rise of NFTs introduces new copyright chal - lenges. Ownership of an NFT does not transfer rights to the underlying content unless speci - fied in licensing agreements. Clear contracts are essential to define rights over reproduction, distribution and adaptation. Licensing models, such as open-source or proprietary licences, govern usage, modifications and redistribution. Platforms hosting digital art, software and virtual goods can be held accountable for user-posted infringing content unless they promptly remove it
291 CHAMBERS.COM
Powered by FlippingBook